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August 2015

Typically a trustee is liable to the beneficiaries when he or she commits a breach of trust harming the trust or its beneficiaries. California Probate Code §16440(a) provides that a trustee is chargeable for a breach of trust that results in a loss in value...

For those still on the fence about Barry Bonds and Roger Clemens, I should lay my cards on the table now, and say that I’d vote them both into the Hall of Fame without a moment’s hesitation. If you play or love the game, and...

Preventing elder abuse can begin with prudent estate planning while the elder is competent.
More than twenty percent of seniors nationwide have fallen victim to financial abuse, according to the National Center on Elder Abuse Bureau of Justice Statistics. Sadly, family members are the perpetrators in...

In a radical departure from both case law and common law, in July 2015 the California Supreme Court ruled that extrinsic evidence is admissible to reform an unambiguous will. Estate of Duke, — Cal. 3d –, 190 Cal.Rptr.3d 295 (July 27, 2015).
But if a will is...

In June 2015 in Obergefell v Hodges, the Supreme Court held that states cannot deny marriage licenses to same-sex couples. Applicants for immigration status in the United States are now asking what impact Obergefell will have on matters like spousal petitions, asylum applications, refugee status, or relief from...

David Mark worked at a real state and investment company and suspected the company’s involvement in a large-scale mortgage fraud scheme. He and his girlfriend voluntarily reached out to the FBI. After FBI agents and an AUSA interviewed, Mark understandably expressed concern of prosecution. The...

Lawyers are supposed to make their clients’ lives better, not worse. But we can make things worse, much worse, when we rush into a realm we don’t understand. This is particularly a problem when a client comes to us enraged about something written about them on the internet.
Most lawyers...

Have you ever watched a trained detection dog at work? It’s an impressive sight. As we all know, the canine nose is one of the most sensitive chemical detectors the world has ever seen, and dogs can be trained to deploy it to sniff out...

Thanks to two recent rulings, an unlucky recipient of a Securities and Exchange Commission (“SEC”) Wells notice has a second ray of hope. If the SEC approves an enforcement action in its administrative forum — an increasingly popular choice by the Enforcement Division — a...